Patna High Court
Shrimati Manti Devi @ Manti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court exercised its inherent powers under Section 482(2) CrPC to grant bail to the petitioners subject to strict conditions.
Summary
The petitioners, four residents of Gadd Bahuari, were implicated in a 2021 FIR alleging cheating, criminal breach of trust and conspiracy under Sections 420, 409 and 34 of the IPC for alleged misappropriation of funds under the Mukhyamantri Nishchay Yojana. They contended that the allegations were fabricated, they had no prior criminal record, and a B.D.O. letter indicated that the project work was completed and the remaining amount was deposited in the committee’s account. The State, represented by the Additional Public Prosecutor, opposed bail. The Court examined the clean antecedent and the B.D.O. evidence and, invoking its inherent powers under Section 482(2) CrPC, ordered bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence. The bail order was conditioned on verification of antecedents and allowed cancellation if conditions were breached.
Issues considered
- Whether bail should be granted to the accused persons pending trial for offences under Sections 420, 409 and 34 IPC
- Whether the B.D.O. letter and clean antecedent justify bail under Section 482(2) CrPC
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 34, 409, 420
Subjects
- bail
- misappropriation of funds
- Mukhyamantri Nishchay Yojana
- IPC 420
- IPC 409
- IPC 34
- Section 482 CrPC
- clean antecedent
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4236 of 2026
Arising Out of PS. Case No.-115 Year-2021 Thana- PALANWA District- East Champaran
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1. Shrimati Manti Devi @ Manti Devi W/O Mahendra Paswan Resident of
Village- Gadd Bahuari, P.S.- Palanwa, District- East Champaran.
2. Lilawati Devi W/O Jamunna Ram @ Juman Ram Resident of Village- Gadd
Bahuari, P.S.- Palanwa, District- East Champaran.
3. Indrajeet Paswan S/O Harendra Paswan Resident of Village- Gadd Bahuari,
P.S.- Palanwa, District- East Champaran.
4. Alihasan S/O SK. Alddin Resident of Village- Gadd Bahuari, P.S.- Palanwa,
District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Ajay Kumar SIngh, learned counsel for the
petitioners and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Palanwa P.S. Case No. 115 of 2021, F.I.R.
dated 26.07.2021 for the offences punishable under Sections
420, 409 and 34 of the IPC.
3. According to prosecution case, the informant
alleged that the members and Secretary of the Ward
Implementation and Management Committee of ward nos. 14
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and 17 of Gram Panchayat Parsa Tapsi misappropriated funds
under the Mukhyamantri Nischay Yojana.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and the allegation as alleged in
the F.I.R is false and fabricated and the petitioners have not
committed any offence as alleged in the F.I.R. He further
submits that petitioner nos. 1 and 3 are the Chairman and
Secretary of the Ward Implementation and Management
Committee of Ward No. 14 and petitioner nos. 2 and 4 are the
Chairman and Secretary of Ward Implementation and
Management Committee of Ward No. 17 respectively of gram
panchayat Parsauna Tapsi, Raxaul. It is submitted that although
there is specific allegation of misappropriation of an amount to
the tune of Rs. 11,93,400 and Rs. 12,00,000/- by the members
and secretaries of the Ward Implementation and Management
Committee of ward no. 14 and 17 respectively under the
Mukhyamantri Nishchay Yojana but it has come to the stand
that B.D.O., Raxaul has issued letter no. 823 dated 16.09.2025
which suggests that the petitioners have completed the work in
question and also deposited Rs. 88,600/- in accouint of the Ward
Implementation and Management Committee which suggests
that the petitioners have not misappropriated the Government
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fund under Mukhyamantri Nishchay Yojana. Petitioners have
clean antecedent.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
and that the petitioners have clean antecedent and the letter of
B.D.O., Raxaul which suggests that the work has completed and
the rest amount was deposited in the account of Ward
Implementation and Management Committee, let the petitioners,
above named, in the event of their arrest or surrender before the
court below within a period of thirty days from the date of
receipt of the order, be released on bail on furnishing bail bond
of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned S.D.J.M., Raxaul,
Motihari, East Champaran, in connection with Palanwa P.S.
Case No. 115 of 2021, subject to the conditions as laid down
under Section 482(2) of the Code of Criminal Procedure and
with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioners have concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
khushbu/-
U T
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